Long story short, I stopped at a traffic light and 4 seconds later the car behind rear me. I have got a dash cam but only at the front.
He just so happen to not have his driver's licence on him but he gave me his address, Date of Birth and phone number.
How do I get claims for this?
Especially if it’s a state that requires you to have it at all times while operating a motor vehicle e.g. NSW
Yeah, but the OP states that the at fault driver didn’t even have it on them. If this happened in NSW, then they’d be breaking the road rules (fineable offence).
Handing a licence over does make it easier to get the spelling right to pass onto the insurance company (as someone who’s been in four not-at-fault accidents).
Handing a licence over does make it easier
Easier. Not a requirement.
Not arguing the guy shouldn't have it on him. Just clarifying what the law is.
@Typical16-bitEnjoyer: When did I ever say it was law to hand over their licence when exchanging details? I said it was law in NSW that one must have their licence on them when operating a motor vehicle and had this accident happened in NSW, which it didn't, the at fault driver would have broken the law for not having their licence on them at the time the accident occurred.
@kerfuffle: If the other driver cannot produce a valid licence, then according to NSW Police, you should call them and get instructions.
https://www.police.nsw.gov.au/safety_and_prevention/safe_and…
"If a motorist at a crash site has reason to suspect another involved driver is unlicensed or there are other suspicious circumstances they should contact police. Police will determine if attendance is appropriate and will investigate the suspected licence offence.If drivers have already left the scene, report the matter to police and they will investigate."
If it was me, I'd say not being able to produce your licence is "suspicious". If OP hasn't called the Police already, they should do so ASAP.
@Ugly: OP says it happened in Victoria, where they don’t need to carry a licence if they’re on their full licence.
I wish they’d hurry up and roll out digital driver licences here; thought it was supposed to be happening this month …
They might have a good reason for not having it on them.
That reason won’t fly in NSW. It’s a requirement that you carry a licence (whether it be a plastic card one or a digital driver’s licence from the Service NSW app, not a photo of your licence) when operating a motor vehicle. OP appears to be a Victorian, so he could report the incident to police and they’ll get the at fault driver to produce a licence within seven days, I guess
Plus also possible that the at fault driver gave a fake name, address and phone number
That reason won’t fly in NSW.
What they could've done is refuse to show OP their driver licence and instead tell OP their particulars.
@whooah1979: Yeah, but the OP claims that the at fault driver didn’t even have it on them. Not something you want to admit in NSW as it means you’re breaking the law. But it appears to be a moot point as it seems this happened in Victoria.
@kerfuffle: It is not against the law to tell another civilian that you don't have your drivers license on you… think about it
@trapper: It is against the law to give false information in this circumstance though, so what's the incentive to not produce your licence except to attempt to defraud the OP?
@macrocephalic: It is against the law to give false details after a car accident.
But that has nothing to do with one civilian telling another civilian that he is not carrying his drivers licence.
No, it isn't. They might have a good reason for not having it on them. Lost wallet, went to the shops for some bread and milk and took their phone with Apple/google pay. I often don't carry my entire wallet.
Driving without a license is an on-the-spot fine in most states. Try explaining Apple Pay to the cops next time they flag you for a midnight RBT.
Carrying a license is a pain, but if you're going to drive, it's stupid not to. How does the OP know this guy wasn't just driving a jacked car? Or that he is actually John Smith of 69 Makebelieve Dr, DOB: 01/01/2019?
No, it isn't.
Mmm.
It's not actually the fact that the other driver didn't have their DL on them - it's that they said they didn't have their DL on them, which increases the possibilities from just "They didn't have their DL on them" which, while bad is not too bad, to "They didn't have their DL on them" OR "They did have their DL on them but said they didn't".
I would've wanted to see ANY kind of ID - student card, bank card, hell - bank card on their phone APP would be good enough (just for the name) but absolutely nothing and just taking the guy's word that he's who he is? That might be fine…. but you kinda don't want to leave it up to chance.
I'd have been getting my phone out and photographing him and the damaged car together. That way he can't try to say that the car was stolen/not in his possession at the time of the accident.
Yeah he COULD have a valid reason, or the other driver could just give a fake address, then who is the op gong to send a letter of demand to?
They have third party insurance. They don't have to.
@crentist: They absolutely do if the other party doesn't have insurance. All you need is their name and address and they sort it out. I was changing insurance companies recently and they all told me that's how it works.
@Zegga: Huh. I think you're right, and this is news to me.
Which means we might claim on a recent minor accident that didn't seem worth the cost and effort to repair and pursue the other driver for expenses.
Thanks
"Hi, my name is Fake Fake. I live at 123 Fake Street, Fake Town. I was born on 1/1/1900."
There's a reason we're required to have the licence on our person while operating the vehicle, if the person claimed to not have it I would have rang the police and waited for them to come and confirm the identity of the person, no way you could trust the word of someone no matter how honest or friendly they act. Next thing you know the car's not registered and no one knows who was driving the car at the time of the accident.
Yup. And OP believing them as to their name, address and DoB is also a concern. Without the DL - they could have said absolutely anything.
I agree with you. But just to clarify, I'm in Vic and it's ok to not have it on you as long as you are on full licence.
Props should have check if he has any other forms of identification though…
Yeah - I don't mind the lack of DL in itself, but it is the easiest way to confirm someone's name and address, which you need.
Just curious because I can't find it for WA, but is it a requirement to have your licence on you at all times in WA? I'm guilty of not having it on me occasionally, can't wait until digital licences are a thing
Hope you also took the vehicle info, make, model, colour & rego. Pictures even
Got them! Thanks
And photos of the driver? Just in case he claims it wasn't him driving.
too late now, but plates can be changed, VIN numbers cannot be. I'd have gotten pics of both.
you can go to vic road to search these details up.
I assume you have third party car insurance?
You start by making a phone call to your third party car insurance provider.
They’re the ones got hit, so unless their PDS states that they’ll cover up to say $5000 if they’re not at fault, the OP’s third party insurance company won’t do much
Thanks, I've just called racv and if he doesn't have a policy then I will be able to make a claim. Fingers cross
Probably should figure out whether he actually has a valid licence first (could have been suspended due to speeding or drink driving). Have you reported this to police? I would, so he'd have to show his licence to them within the seven day timeframe
@kerfuffle: This is what third party insurance is paid for. Let the insurance company do the leg work here.
The only requirement is to provide details of the other driver. OP has. If it's fraud, that's the insurance company's problem.
@Typical16-bitEnjoyer: Do you actually know how third party insurance works? It's to cover the third party i.e. if you hit someone, their car gets covered for repairs, not yours. If someone hits you (as in OP's case) and you have third party insurance and they have no insurance, unless it says so in the PDS, your car won't be covered for repairs, meaning you have to do all the chasing around.
In this case, if OP's third party insurance company can verify that the at fault driver has no insurance, they'll assist the OP in getting repairs done to the OP's car. If the at fault driver does happen to have insurance, they won't help the OP.
As someone who's been in four not at fault accidents, this is why I have comprehensive insurance i.e. if someone hits me, regardless of what insurance cover they have, my car will be repaired and the insurance company will do the chasing for me.
Do you actually know how third party insurance works?
Yes I do. Care to explain this little tidbit in the RACV third party terms and conditions? Shall I link the PDS as well?
"If you are not 'at-fault' in a collision, the other party is uninsured and you can identify them, you are covered for up to $5000 in loss or damage to your car"
If the at fault driver does happen to have insurance, they won't help the OP.
Yes they will.
RACV will also provide assistance over the phone on avenues to recover the amount over this.
OP clearly stated they are with RACV. Thus why I posted what I did.
A claim for what?
You only have Third party insurnace.
YOUR CAR IS NOT COVERED BY YOUR POLICY!
@HeWhoKnows: It depends on their PDS. Some will cover if it's proven that the at fault driver has no insurance. The OP appears to have this in their PDS going by their comments.
@brendanm: Let me clarify his for you both; Most insurers will cover your car up to a certain limit if the other party in uninsured, but note that there are conditions that must be met to trigger. One is usually that you provide the correct third party details.
By choosing Third Party Only cover, you've pretty much decided your car is not worth repairing, so bear that in mind when someone hits you and decide to change their story or not make a claim. The road to recovering anything from them is soul destroying.
@imurgod: I don't have third party only. What zeggie has posted is regarding ops exact situation, no clarification necessary.
@imurgod: Got a great laugh out of this exchange.
kerfuffle: explains situation exactly
zeggie: doesn't read entire explanation - re-explains
kerfuffle: re-explains the part zeggie missed
zeggie: is insulting
imurgod: doesn't read any of the three previous explanations he's replying to, assumes he needs to be the hero to "clarify this for you" and re-explains for a fourth time
Welcome to the internet.
@johnno07: Then along comes johnno07 to add nothing at all. Good work, johnno07.
FYI, I did read the explanations, I just saw that nobody had quite understood.
Sorry, I'll try to do better next time.
@johnno07: Didn't miss a thing.
My first sentence of my first post was in reference to their mispelled title "their party car insurance" which was subsequently corrected.
My second sentence is in reference to every PDS of every car insurance, comprehensive, third party, requiring you to call them to advise of an accident or damage occurring to the insured vehicle - regardless whether a claim is being lodged :)
So the logically first step is exactly what I posted.
Link me one that doesn't. Go on.
Probably doesn't have a license, and I bet those other details are iffy too. I hope you got his vehicle info and took photos
Sorry, I don't have my licence, but my name is James Bond and I live at 123 Bargain Street in Bargonia. Don't sweat it.
Exactly what I told my dad AHHAAH.
Not even your licence to kill?
only if its a head on
Yeah, I do have the vehicle registration so that should help. Ive also got a dash cam to prove that it wasn't my fault
Your dash cam only proves that somebody hit your car, it doesn't show who hit it. If the guy now refutes ever meeting you (he damaged his car somewhere else), then you will have a hard time proving it, unless you have witnesses or another camera feed. Best of luck.
Dammit, too early for the popcorn
Yeah it happened at 6:30 rip
did you call his number whilst he was there?
Yeah, he did got a miss case from my number so I would assume so
https://mva.financialrights.org.au/dtop/im-not-insured/
Is a good site to walk you through it, they have template letters and stuff.
Check if he has rego on the rms website.
Some insurers cover your car up to $5000 if you can prove that the driver at fault was uninsured. You don’t appear to have gotten the third party’s mobile or landline number. Can you contact the third party and ask if they are insured?
do you know how could i prove that they dont have one, i have already called the company that he claims to be with but they dont have him on the system. I think that might be sufficient to say that he doesnt have insurance on it?
your product disclosure statement should tell you what you need to provide as proof and if you have this uninsured motorist extension on your policy. Look it up
It might be sufficient to say YOU HAVE BEEN DUDDED!
You dont even know who the driver was (NO ID SIGHTED!)
OP your 3rd party might not help you out at all here. I've been in a similar situation and my insurer wouldn't even contact their insurer or anything.
But his insurance (if any) would cover you, so you want to deal with them.
The easiest thing would be to call the guy and ask him to lodge an insurance claim from his end, then hope he does it. Then you would be dealing with his insurance, not him.
which insurer were you with, contacted racv and they said they would cover as long as he doesn't have insurance.
Can't remember, was gfs cars actually. Probably budget direct or some shit. But, 3rd party isn't supposed to insure damage to your own vehicle? That's kinda the definition of it.
If they are though, awesome.
Some companies (I think AAMI might be one) cover up to $5000 damage if they have third party insurance; that's why it's important to read the PDS
OP didnt even find out who the driver or car is insured with.
OP cant prove who the driver was.
So claim with whom and for what?
Well it sounds like the other driver is a bad dude. But in a good situation, you would ask them to lodge their own insurance claim themselves. That gets the company involved, and then you can deal with the company directly and easily, without any letters of demand or anything.
@Amazyingone Read the post or don't comment, I've clearly stated that I have got the information…I'm just questioning if they are real or not
No, not AAMI. I got hit while on AAMI third party insurance some years ago for my Toyota Corolla. They won’t help at all. Perhaps if one can prove the other party has no insurance cover.But how to prove that he has no insurance cover is a problem.Hence thereafter I always have comprehensive cover.
Props going back to comprehensive after this ahah…
Happened to me while I was with AAMI a few years back and I had no issues. Other driver was clearly at fault in my case. Other driver told me they had no insurance while we were at the scene of the accident. Lodged a claim with AAMI and they sorted it.
Just give him a ring and talk to him. If his damage is significant he may lodge his insurance claim and get yours repaired at the same time. Talk to your insurer to see if they can help too. I wouldn’t put to much credence on the insurance company saying that he isn’t with them. They aren’t going to tell you due to privacy anyway.
Any photographs taken?
No ID spotted at all?
Did OP even get the rego?
Oh dear
Go to a police station, make a police report, give them the video if they ask it. Use this in your claim against their insurance.
If they're uninsured, and aren't willing to pay for your damages, you'll have to take them to court.
Would make your life easier if you can get them to admit fault in writing. Even a text would help your case against them.
Drivers in a collision are only legally required to stop and exchange particulars, not present their licence to you. And police won't care if you say they weren't carrying their licence on some random day in the past.
You can go to the police, but no need to make a report: just ask them to confirm the details you obtained at the scene from their details. They can't fill in the gaps due to privacy, but they can confirm them if your polite and maybe make a phone call for you to make sure.
Your letter of demand is to the other driver, as a person. Insurance steps in and takes care of the cost for them (providing it meets their coverage criteria). It's not up to you to identify their insurer, although it might speed up the processn if you do.
I've never heard of insurers changing their criteria just because the not-at-fault driver is uninsured. Interesting.
Police won't take a report if details were exchanged. That's known as a P5 in the old language.
What if the details given were false? Wouldn't that make it a case of fraud or possibly hit and run?
My first reply mentions confirming the details with police, without needing to make a report. But yes, providing false details is probably a separate offence; always take photos!
Someone with no insurance rammed into the back of me yesterday. His license I suspect is a fake as there is no such address and it’s 2 years expired. I took his rego and phone number too. Luckily the RAC is going to repair my car and recover from him…… hopefully they find him! I just can’t believe there are people going around recklessly driving and not giving a hoot if they hit someone because they’re all prepared with fake $hit to try get away with it!
They do it because they probably already have no money, no assets don't care. They will get a very small slap on the wrist, and will be ordered to pay back $1 a week out of —your— —tax— —money— their welfare payment to pay the insurance company back.
Why does strike though never work for me :(
Because you used the incorrect symbol, 2x ~ then the words you want struckthrough, then 2x ~
See? it's working
When you write a message, theres a button at the bottom of the textbox called Formatting help with all of the instructions you need.
It appears when you click into the textbox to type
@Philthy Phill: Thanks mate, I knew about the formatting help things buy am on my phone and couldn't tell it was the ~ and not the -
I know they don’t care :( but I had my mother fresh outta hospital and my son in the car….. I’m just glad she wasn’t injured. Now I have no car till it’s fixed. All because he was stuffing around with his stereo. I bet if you orI got picked up for driving around with no license we’d get in trouble!
Were you on third party insurance?
Yep we sure would, that's the funny thing about the justice system isn't it, sometimes it's "justice" isn't very effective.
You don't need to prove they don't have insurance cover. I was with NRMA CTP and they contacted other driver for me for the $5000 uninsured driver claim without knowing whether he had insurance or not. They just said if he happens to have insurance I would have to go through their insurance.
Not CTP, TPP. CTP is the compulsory third party insurance that is part of the rego and pays for other persons injurys. TPP is Third Party Priperty and covers the at fault driver for damages to property (car, fence, house etc). Some policies, such as yours will cover the driver if the other driver is not insured, generally up to $5k.
This is an important point that some people don’t understand and think they have insurance just by registering a car, then find out the hard way when they crash into something.
I know. I'm saying that despite only having CTP not TPP with NRMA, they were willing to chase up an at-fault driver without needing me to prove the other driver did not have insurance. They were willing to assume he did not have insurance until proven otherwise.
My point is a lot of comments are saying you need to prove that the other driver does not have insurance, in order to utilise the $5000 thing in the PDS, but in reality you don't.
Uh oh, no DL is a concern